McCarter achieved a partial victory for Delaware State Auditor Kathy McGuiness when a Delaware jury acquitted her of two felony charges, theft and act of intimidation, following a three-week trial. After two days of deliberation, the jury found that McGuiness had not profited from her daughter’s employment in the auditor’s office and that McGuiness had not prevented or dissuaded witnesses during the State’s investigation into her conduct. Following post-trial briefing, McGuiness was acquitted of a third charge alleging noncompliance with procurement laws. She was sentenced to probation, community service, and a fine.
McGuiness is the first statewide elected official in Delaware to be prosecuted while in office.
The McCarter team representing Ms. McGuiness was led by Steve Wood and included associates Chelsea Botsch and Dean Elwell.